Correspondence respecting the Behring Sea Seal Fisheries: 1886-90. No. 1. Colonial Office to Foreign Office.-(Received September 1.) Downing Street, September 1, 1886. Sir, I AM directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Earl of Iddesleigh, a copy of a letter from the Admiralty, with its inclosure, respecting the alleged seizure of three British Columbian seal schooners by the United States' Revenue cruizer "Corwin." I am to suggest, for the consideration of Lord Iddesleigh, that the matter should be brought before the United States' Government, with the view of obtaining further information on the subject. Admiralty, August 26, 1886. I AM commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the perusal of the Secretary of State, a telegram which has been received from the Commander-in-chief on the Pacific Station, dated at Victoria, 24th instant, respecting the seizure of three British Columbian seal schooners by the United States' Revenue cruizer "Corwin." (Telegraphic.) Rear-Admiral Sir M. Culme-Seymour to Admiralty. Victoria, August 24, 1886. THREE British Columbian seal schooners seized [by] United States' Revenue cruizer "Corwin," Behring's Straits, seaward 70 miles from off the land [? in the execution of] killing female seals, and using fire-arms to do it, which they have done for three years without interference, although in company with "Corwin." No. 2. The Earl of Iddesleigh to Sir L. West. Foreign Office, September 9, 1886. Sir, I TRANSMIT to you herewith a copy of a letter from the Colonial Office, and of its inclosure, respecting the alleged seizure of three British Columbian seal schooners by the United States' Revenue cruizer "Corwin ;"* and I have to instruct you to address a No. 1. communication to the United States' Government asking to be furnished with any particulars which they may possess relative to this occurrence. I am, &c. Colonial Office to Foreign Office.-(Received September 27.) Sir, Downing Street, September 25, 1886. WITH reference to the capture of Canadian sealing schooners in Behring's Sea by the United States' Revenue cruizer "Corwin," I am directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, a telegram from the Officer administering the Government of the Dominion, together with a copy of a letter from the Admiralty, with its inclosures, on the subject. I am to state that, in Mr. Stanhope's opinion, the case is one in which a protest should be made to the United States' Government, accompanied by a demand for compensation, and that Sir L. West might be instructed to make such protest and demand, if, upon inquiry, he ascertains that the United States' Government maintain the pretension raised by the seizure of these vessels on the high seas. I am, &c. (Telegraphic.) Inclosure 1 in No. 3. Administrator Lord A. E. Russell to Mr. Stanhope. September 22, 1886. THE Canadian schooners "Thornton," "Onward" and "Carolina" were seized on the 1st August in Behring's Sea by, the United States' cutter "Corwin." The captain and mate of the "Thornton" were tried in the District Court of the United States at Sitka on the 30th August. It was attempted to show that the "Thornton " was seized for killing seal about 70 miles south-south-east of St. George's Island, within that portion of Behring's Sea ceded by Russia to the United States.. The Judge, in charging the jury, quoted Article I of the Treaty of the 30th March, 1867, between the United States and Russia, and affirmed that all waters within the boundary set forth in the Treaty to the western end of the Aleutian Archipelago and Islands were to be deemed American, and that the penalties of the Law against the killing of fur-bearing animals were to attach to its violation within the limits in question. The jury were told, if they believed the evidence as to the killing of any fur-bearing animals by the accused on the Alaskan coast or in Behring's Sea, east of the 193rd degree of west longitude, to find them guilty. The prisoners were found guilty. The master of the "Thornton" was fined 500 dollars and sentenced to imprisonment for thirty days. The mate was fined 300 dollars and sentenced to thirty days' imprisonment. The officers of the other two vessels were also tried, and similar penalties imposed upon them. The Government of Canada protests against the claim of the United States to the sole sovereignty over Behring's Sea, 700 miles east of the westerly boundary of Alaska, defined by the above-mentioned Article I of the Treaty of the 30th March, 1867, as contrary to the admitted principles of international law, and also in opposition to the United States' contention concerning common waters on the coast of the Atlantic. It protests also against the unwarranted and arbitrary interference of the authorities of the United States with the peaceable and lawful occupation on the high seas of Canadian citizens, as well as against the forfeiture of their property and the indignity of imprisonment which have been imposed upon them. The foregoing facts have also been communicated to Sir Lionel West. Sir, ,、, Inclosure 2 in No. 3. Admiralty to Colonial Office. Admiralty, September 20, 1886. I-AM commanded by my Lords Commissioners of the Admiralty to transmit to you, in original, for the perusal of the Secretary of State for the Colonies, a letter from the Commander-in-chief on the Pacific Station, dated the 25th August, respecting the seizure of three sealing schooners by the United States' Revenue cruizer "Corwin," on the plea of their killing female seals. I am to request that these papers may be sent to the Foreign Office, to be returned to this Department when done with. I am, &c. (Signed) EVAN MACGREGOR. Inclosure 3 in No. 3. Sir, Rear-Admiral Sir M. Culme-Seymour to Admiralty. "Triumph," at Esquimalt, August 25, 1886. IN confirmation of my telegram of the 23rd instant, I have the honour to inform you of the particulars, as far as I can at present ascertain them, of the seizure of the three sealing schooners by the United States' Revenue cruizer "Corwin," a small screw steamer. The schooners are: Thornton," auxiliary screw, 22 tons, Captain J. D. Warren, owner. "Carolina," sailing, 32 tons, William Munsie, owner. "Onward," sailing, 35 tons, W. Spring, owner. All belonging to Victoria, British Columbia. The schooner which was seized nearest to land was 50 miles from St. George Island, the other two rather further off. All three were towed by the "Corwin" to Ounalaska, the captain and one man retained on board, and the remainder of the crew sent to San Francisco by a steamer going there, when they were set free, and sent on here at the expense of the owners, arriving on the night of the 22nd instant. Their arrival at San Francisco was the first we heard of the schooners being seized. Nothing has been disturbed on board the schooners, except that the arms and ammunition have been seized, and sufficient provision for the crew on their passage to San Francisco taken. 2. There are ten other sealing schooners from Victoria in the Behring's Sea. The season is from about the 1st July to the end of August. If not seized, they are probably on their way here, and may be expected to arrive the middle of September. The question of whether they should be protected or not does not, therefore, at present arise. Last year there were two schooners from here in the Behring's Sea, and I am assured the "Corwin" spoke them four or five times without interfering. In 1884 only one schooner was there. The success of these has caused thirteen to be fitted out this season. 3. I inclose copies of the following as bearing on the subject: (1.) Letter from captain of "Thornton" to owner. (2.) Letter from captain of "Carolina" to owner. (3.) Letter from Mr. Boutwell, Secretary United States' Treasury. (4.) A warning published in San Francisco papers and copied into British Columbian papers. (5.) Letter and telegrams between Mr. Lubbe and Mr. Crow-Baker, M.P. for Victoria. (6.) A letter from the American newspaper " Oregonian." I had hoped to have inclosed a copy of the lease from the United States to the Alaska Commercial Company, and a copy of the depositions of the crews on arrival at Victoria, but the only copy of the lease in Victoria, as also the depositions, have been taken away by the Honourable G. E. Foster, Canadian Minister of Marine and Fisheries, who was here on the 23rd, and left yesterday morning. I have telegraphed to him for copies, and will forward them as soon as received. *Not printed. 4. I would call attention to the Treaty concerning the cession of the Russian possessions in North America to the United States, concluded 30th March, 1867, as also to the Convention between Great Britain and Russia, signed 16th (28th) February, 1825, and beg to make the following observations: An American Company, called the "Alaska Commercial Company," have a lease from the United States, dated 1870, of the Islands of St. Paul and St. George for twenty years, with the right to kill 100,000 seals annually on the islands and "waters adjacent. A United States' officer is stationed on these islands to see the terms of the lease properly carried out, and the "Corwin" is also there for this purpose. By the terms of the lease, fire-arms are not to be used to kill the seals, nor may female seals or seals under one year old be killed. 5. It would appear by Inclosure No. 4* that the United States claim the whole of the Behring's Sea, bounded on the south by the Aleutian Islands, and, as laid down in the Treaty of 1867, as American territory. It would seem impossible to sustain this, for it would appear to be the "high sea," and not Russia's to cede, and this line mentioned in the Treaty only meant to include the islands within it, and not the sea. I beg to draw special attention to the letter from Mr. Boutwell in 1872 (Inclosure No. 3). Mr. Boutwell was then the United States' Secretary to the Treasury, and he distinctly states his Government could not interfere beyond a marine league from the shore. Mr. Boutwell was, I am told, greatly instrumental in procuring the lease of St. Paul and St. George for the Alaska Commercial Company, and was therefore interested in excluding sealing vessels from the Behring's Sea. 6. I may mention that female seals cannot be distinguished from males when killed asleep on the water at sea; the seals killed by the Alaska Commercial Company are all clubbed on land, when the difference of sex can be easily seen; but that does not really affect the question as I view it, which is simply whether the Behring's Sea is the "high sea," or not. If, as I take it, Behring's Sea is the "high sea," I presume no vessel fishing there can be legally interfered with. 7. The "San Diego" referred to in Inclosures 1 and 2 is an American schooner, and was taken and confiscated, I am informed, for landing and killing 500 seals on land, contrary to United States' law. 8. Inclosure 5,§ from a gentleman in Victoria interested in sealing, and the telegraphic answers, show that the owners of the schooners sent them up with their eyes open, and were aware they ran a risk of being seized. 9. Inclosure 6T is a letter in an American newspaper, the " Oregonian," published at Portland, Oregon, and shows the view taken by many Americans on the subject. I have, &c. (Signed) M. CULME-SEYMOUR. P.S. Port Moody, August 27, 1886.-The depositions alluded to having just arrived, I inclose them. M. C-S. Sir, Inclosure 4 in No. 3. Captain H. Guttermann [?] to Captain J. D. Warren. Schooner "Thornton," in Port Ilioluk, Ounalaska, August 7, 1886. AS this is my first opportunity to let you know that on the 1st August at 6 P.M.-my position 55° 45′ north latitude, 168° 44' west longitude-having on board 403 seal-skins, all well on board, when United States' Revenue cutter "Corwin" placed an officer on board, took arms and ammunition, took us in tow. At 8 P.M. stopped and took schooner "Carolina" in tow. August 2 at 6 A.M. stopped and took schooner "Onward. At noon latitude 54 30', longitude 167° 18'. At 8:40 P.M. brought us to anchor in above-mentioned port; took all the boats from the schooner; put a watchman on board from the cutter. August 3. At 9 A.M. an officer from the cutter came on board and took the ship's papers.. August 4. An officer from the cutter returned one boat, and gave four of the crew liberty to go on shore from 8 A.M. to 8 P.M., at the discretion of me. See Inclosure 7 in No. 3. + See Inclosure 6 in No. 3. t See Inclosures 4 and 5 in No. 3. See Inclosure 9 in No. 3. August 5. Nothing done to remark. August 6. Ditto. August 7. At 9 A.M. an officer from the cutter came on board; took some provisions from the schooner. At 3 P.M. took ten men, and are going to be sent to San Francisco immediately with steamer "San Paule," as leaves just now. "San Diego" is seized and stripped here. I have put in my protest. My latest news from the rest of Victoria schooners is "doing well." I know not more just now, and remain, yours, &c. My protest is as follows: (Signed) H. GUTTERMANN [?]. "I, H. Gutterman [?], master of British schooner Thornton,' do hereby declare that I do not know wherein I have violated the laws of the United States or other nations in taking seals beyond the usual limit of 3 leagues [? miles] from shore within Behring's Sea, and I therefore enter this my solemn protest against the action of the United States' authorities in seizing this the vessel under my command, together with the seal-skins composing cargo." (Excuse haste.) Inclosure 5 in No. 3. H. G. Dear Sir, Captain J. Ogilvie to Mr. W. Munsie. Ounalaska, August 6, 1886. THE United States' steamer "Corwin " boarded and took charge of the schooner in latitude 55° 50′ north, longitude 168° 53′ west. They took all the fire-arms from the schooner. I asked why they did so. They said for killing female seals and carrying firearms. They towed the "Thornton" and "Onward" in at the same time. I have got 686 seal-skins on board, "Thornton" 401, "Onward" 700. I have heard nothing of the "Pathfinder" in the Behring's Sea; she was seen off Sitka coming up. It was on the 1st August, at 6 P.M., they took charge of the schooner. The American schooner "San Diego" is in here, they are taking all her skins and sails on shore; 500 skins. Sir, Mr. Boutwell to Mr. Phelps. Treasury Department, Washington, April 19, 1872. YOUR letter of the 25th ultimo was duly received, calling the attention of the Department to certain rumours circulating in San Francisco to the effect that expeditions are to start from Australia and the Hawaiian Islands to take fur-seals on their annual migration to the Islands of St. Paul and St. George, through the narrow pass of Unmark. You recommend, to cut off the responsibility of evil resulting to the interest of the United States from these expeditions, that a Revenue cutter be sent to the region of Unmark Pass, by the 16th May next. A very full conversation was had with Captain Bayant upon this subject while he was at the Department, and he convinced it to be entirely impracticable to make such an expedition a paying one, inasmuch as the seals go singly or in pairs, and not in droves, and cover a large region of water in their homeward travel to these islands, and he did not seem to fear that the seals would be driven from their accustomed resorts, even were such attempts made. In addition, I do not see that the United States would have the jurisdiction or power to drive off parties going up there for that purpose, unless they made such attempt within a marine league of the shore. As at present advised, I do not think it expedient to carry out your suggestion, but I will thank you to communicate to the Department any further facts or information you may be able to gather upon the subject. I am, &c. (Signed) GEO. S. BOUTWELL, Secretary. |